DELINGER v. AM. NEWS CO.


6 A.D.2d 1027 (1958)

Jack Delinger, Respondent, v. American News Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 1958


Order denying defendants' motion to dismiss the complaint for insufficiency unanimously modified on the law so as to dismiss the second cause of action, and otherwise affirmed, without costs.

Defendants wrote, published and distributed a magazine article illustrated by a photograph of plaintiff, a physical training instructor, as a candidate for the title of "Mr. Universe — 1956". The text of the article contained a discussion in general terms of the relationship...

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